The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-02-03
Circunatantial Evidence.

the hope OF relief from the terrible sen.
tence OF death by the reproduction OF
instances where the victims of circumstan
tial evidence have after they have suf-
fered the penalty, been found innocent.
| But it may call attention in an effective
way, to the necessity of legislation forbid
ding the enforcement of the death penalty
on circumstantial evidence. There are
hundreds of intelligent people in Virginia
to-day who think that the death SEN
tence inflicted upon Cluverius was I'M
just, and that his execution was a judicial
murder And to prevent future mistakes
of this character, the statutes should
direct that 10 one accused of murder shall
be found guilty in the first degree upon
circumstantial evidence. The death PEN
atty, at best, is q relic of barbarism,
and is opposed by the teachings of revealed
religion. Vengeance is mine, sspth the
Lord; l will repay" and to Hinswho is
omniscient and omnipI esent may be safely
committed the punishment Of offences
against the majesty of His law.
To illustrate the cruel injustice of Cir
| cumstances as convincing evidence against
persons accused of murder, we take from
| the Washington correspondence of tie
Petersburg haden- appeal the following
! instances:
1t will be remembered that one of the
strong links in the testimony that con-
victed Cluverius was a watch key found
/
near the reservoir from which the corpse
of Lillian Madison was taken few days
after her murder or suicide. This watch
key was an unusual one and was identified
by a jeWeler as the property of the culprit
at least the jeweler knew Of no other
key like it and knew that Cluverius had one
just like it. In any light the case can be
put Cluverius was convicted solely upon
circumstantial evidence and bad he been
tried in Pennsylvania or one of three or
four other states, where conviction upon
circumstantial evidence will net under the
constitution or statutes permit a sentence
OF death, he would have been alive to day.
An Ohio statesman discussing the convic-
tion and execution of Cluyerius said:
I'm my State, a few years ago. a man
was convicted of murder in the first de-
gree, ard hung upon testimony fourtold
stronger than that which condemned Gu
verius, and years afterward it was devel-
oped that he was as innocent as person
could be. A whole family living in the
country was discovered to have been MUIR
dered There was a hand on the place
named Wilson who had club foot and the
thumb off his right hand, who disappeared
at the time the murder was committed, and,
of course, he was instantly charged with
the crime. In looking about the house
| footprints Of a man having deformed
foot were discovered, also the print of q
blood stained hand. on the door facing
which disclosed the loss of a thumb. The
farm hand was found, tried on the strength
Of this evidence of the crime against him,
was found guilty and executed. The link
of testimony was so complete from the
prints in the yard about the house and the
hand on the wall that everybody was salts
fed with the expiation of the crime.
Years passed and a criminal lay on his
death-bed at Columbus. Just before he
breathed his last he confessed that he had
committed the murders for which the
other man had suffered Examination
showed that he had the deformed foot and
the loss of the thumb on the right hand.
/ Near MHncie. Ind, about ten years ago
Earn was burned one night and great
deal of property destroyed. A harmless
old shoemaker was charged with the arson,
! thrown in Jail and few weeks afterwards
brought to trial. A detective who had
been employed to ferret out the guilty
person, and who made the affidavit that
the shoemaker burned the barn, took the
| jury out to the scene of the fire and
| showed that the boots the shoemaker had
on fitted tracks made about the place on
| the night Of the fire, and traced the tracks
to the old mans home in the city. lie
also produced piece of cloth from the
seat of the shoemaker's pantaloons, which
he found under a splinter on a rail On the
top of the fence near where the barn stood
and where the tracks showed that the
prisoner had left the premises. The case
was made complete on this testimony.
When the prisoner was about to be found
guilty it was discovered that the detective
a short time after the shoemaker was
thrown in jail, had feigned drunkenness,
been arrested, and thrown in jail and in
the same cell with the prisoner where he
remained ever night. The detective was
released the next day, and a day or two
afterwards he repeated the act. 1t was
discovered further that he had torn the
piece Of cloth from the pantaloons of the
prisoner while the latter was asleep, and
traded boots with him and when put in
jail the second time had re-exehanged
boots. During the interim between the
first and second time the detective was in
Jail he had gone to the farm where the fire
had occurred, wearing the boots of the pris-
}, oner, made the tracks with them and
placed the piece of cloth under the splin-
ter On the rail. The old man Was acquit
ted without form when these discoveries
we're made known, but it was a hail
breadth escape"
The following communication appeared
: III the Richmond Wing few days after the
execution of Cluverius. This taken il
: connection with the extract from the Rich
mond Dispatch, which follows, giving the
statement of the unknown lady, who
was alluded to by Cluverius as having
) seen him at Mozart Hall, on the night o.
the murder Of Lillian Madison and tht
further fact that when the Identification o.
the dead girl was being investigated, sew
eral women declared it was the body O.
Fannie May, and were weeping over it a
their departed friend, when Fannie Ma.
S appeared on the scene to dispel their de
: fusion, go to show how much of myster,
e still shrouds the death of the unfortunate
: girl, and the circumstances which ATTENDED
: lit. The correspondent of the Wing says
Among the many incidents pending tn
trial of Cluyerins, and while the public
mind was exercised over the question @
> identity of the prisoner with the person
: said to have been seen with Lillian Madi
: son on the day before the dead body of tn
:. woman was discovered, of the following
have seen no mention. 1t Was On the da
I | tho Messrs GRIMM made their ar0umon